Terms Of Service
Effected March 2024
Basics
AttyMedia is an artistic content monetization and social networking online service, developed and owned by the publisher, 'StandardGuy Technologies' . This is AttyMedia’s binding Terms of Service, and is a contract between you and AttyMedia.
Please read these Terms of Service (the "Agreement") carefully before using AttyMedia and/or any other related products, such as, websites, applications, or software provided for AttyMedia (collectively, the "Services").
Throughout this Agreement, the terms "we", "us" and "our" refer to StandardGuy Technologies and the provided Services, collectively with its agents, representatives, consultants, employees, officers, and directors. The terms "you", and "your" refer to the individual(s) interacting with the Services.
By using and/or accessing Content (which includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, and interactive features) provided on, from, or through the Services, you agree to be bound by all the terms and conditions of this Agreement, including those additional terms and conditions, policies, or guidelines within the AttyMedia website, or referenced herein and/or available by hyperlink. If you do not agree to any of these terms and conditions of this Agreement, please do not use the Services.
Acceptance
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Our Services cannot be provided and the terms of this Agreement cannot be performed without us processing information about you and other users. You hereby affirm, warrant, and grant us the necessary licenses, rights, consents, and permissions for the processing of information you share with AttyMedia to provide you the Services, and to administer, manage, and enhance the various facets of our business, to the extent permitted by applicable law.
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We may, in sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you shoold periodically review the most up-to-date version which will always be available on the AttyMedia website
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These Terms of Service apply to all users of the Services, including without limitation users who are testers, vendors, customers, and/or contributors to the Services.
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Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Eligibility
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services is not intended for children under 13. If you are under 13 years of age, then please do not use the Services.
Accounts
In order to access some features of the Services, you will have to create an account on the AttyMedia website. You may never use another's account without permission. You must have legitimate access to all information you provide when creating your account. Additionally, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure and notify AttyMedia immediately of any breach of security or unauthorized use of your account.
Account Termination Policy
AttyMedia reserves the right to decide whether your Content violates these Terms of Service for various other reasons, such as, but not limited to, pornography, obscenity, or excessive length. AttyMedia may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
General Use Of The Services
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The Services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. Accordingly, We encourage you to be aware when you leave the Services or invoke third-party integrations, and familiarize yourself with the terms and conditions and privacy policy of each other website or third-party integrations you utilize.
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We will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website or third-party integration.
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In your use of the Services, you will comply with all applicable laws.
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We reserve the right to discontinue any aspect of the Services at any time.
Permissions and Restrictions
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AttyMedia does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. AttyMedia reserves the rights to remove any Content on the Services without prior notice.
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You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "online readers," that accesses the Services in a manner that sends more request messages to the AttyMedia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes.
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You agree that we may occasionally collect data of your use of the Services to help improve our products, sofware, website etc.
Content and Legal Rights
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The Content on the Services, and the trademarks, service marks and logos on the Services, are owned by or licensed to AttyMedia, subject to copyright and other intellectual property rights under the law.
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You may submit Content to the Services, such as media and user comments. You understand that AttyMedia does not guarantee any confidentiality with respect to any Content you submit.
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You further agree that you will not submit to the Services any Content or other material that is contrary to any Community Guidelines we publish with respect to use of the Services, or contrary to applicable local, national, and international laws and regulations.
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You agree that we own all the rights of copyright to any media you own the necessary proprietary rights, and upload to the AttyMedia servers. You must not (unless under written authorization by us) upload any media to the AttyMedia servers that you do not own proprietary rights. If you own copyrights on any media, you must initiate and complete a transfer of those copyrights to us, for you to upload any such media to the AttyMedia servers.
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You acknowledge, accept, and affirm that you cannot revoke, transfer, or reclaim ownership of the rights of copyright that you have granted or transferred to us. However, we acknowledge and affirm that you always retain sole ownership of proprietary rights to your Content.
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Under conditions determined exclusively by us, you shall be held responsible for Content you publish on or through the Services (including legal disputes arising and/or associated with your Content) and the consequences of submitting and/or publishing your Content on or through the Services.
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You understand that when using the Services, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, or safety of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless AttyMedia, its owners, operators, agents, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
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You agree not to circumvent, disable or otherwise interfere with security-related features of the Services used to prevent or restrict illegitimate access to exclusive Content provided by the Services.
Copyright Policy and External Use of Content
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You may use, modify, and/or distribute through any platform or channel, electronic or otherwise (for which you have the necessary licences, permissions, etc. to publish content on or through such platform or channel), any media hosted on the AttyMedia website, including exclusive Content by creators on AttyMedia, without requiring AttyMedia’s prior written authorization, or violation of the copyrights we obtained thereof, in so fas as you have legitimately purchased such Content through integrations we provide on the Services. You may not use, modify or distribute any Content of AttyMedia otherwise.
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We hereby grant you non-exclusive license to host, upload, or display on your public servers or online platforms, any media Content to which we own the relevant copyrights, and has been uploaded to or hosted on our servers at any point in time, provided all significant forms of public interactions potentially generated regarding such media on, from, or through your servers/platforms, are strictly prohibited via mechanisms that disable the interactive interfaces.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. ATTYMEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. ATTYMEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ATTYMEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ATTYMEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATTYMEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.